§ 12-24-15-8 — Claim against estate of patient or responsible party to recover unpaid treatment and maintenance charges; property subject to lien; priority; conditions

(a) Upon the death of a patient or responsible
party whose property is encumbered by a lien arising under this chapter
and upon notification by the director, the attorney general shall file a
claim in the estate of the patient or responsible party for recovery of all
charges for treatment and maintenance that have accrued at the date of
death.
(b) Notwithstanding any other law, a claim filed for recovery of
charges for treatment and maintenance has priority in order of payment
from the estate over all other claims except prior recorded
encumbrances, taxes, reasonable costs of administration, and
reasonable funeral expenses.
(c) If the real property of the deceased patient or responsible relative
is occupied by a surviving spouse of the patient or responsible party,
the director may not assert a lien or claim during the lifetime of the
surviving spouse, except as provided in subsection (d).
(d) The division shall file a claim for recovery of costs of treatment
and maintenance if:
(1) another claimant or person has opened an estate and is
attempting to enforce a claim; or
(2) a fraudulent attempt is made to avoid the claim or lien.
[Pre-1992 Revision Citation: 16-14-18.1-10(e).]

Legislative History

As added by P.L.2-1992, SEC.18.